For Wed (abbreviated class) continue with Ch. 12.
Questions on the paper?
Remainder of course? Additional topics?
Relates to SCOTUS votes...
Nine justices
179 appellate judges
670+ district judges
What is senatorial courtesy? (Edwards 403-404)
Significance of US Courts of Appeal -- presidential success rate choosing
SCOTUS controversy has waxed and waned (Edwards 409-416)
FDR and court-packing (recall from Feb. 9)
Senate confirms Earl Warren by voice vote!
Then a string of lopsided, unanimous, or votes.
Then -- worried that his enemy Nixon will become president -- Warren announces retirement, and LBJ proposes to elevate Fortas. Filibuster derails him.
- Election year
- Cronyism
- Ethics
Senate confirms Warren Burger for chief, rejects two nominees for associate justice. Nixon settles on Harry Blackmun.
Not a great deal of ideological vetting
Bork and Borking (start at 1:10):
Bush 41, Thomas, and "high-tech lynching." Start around 2:00
THOMAS WON CONFIRMATION IN A DEMOCRATIC-MAJORITY SENATE!
Clinton nominees sail through, as does Roberts. But Alito is more obviously partisan, and the questions focus on abortion. Listen carefully to how he answers questions from pro-choice Republican Arlen Specter (who switches parties years later):
In 2016, Biden nominates but Senate GOP majority refuses to consider.
Nuclear option: Dems in 2013 with executive and lower-court noms. Reps in 2017 with SCOTUS. Trump nominates Gorsuch.
Why is Kavanaugh hearing more contentious? Probably helps GOP hold the Senate in 2018.
RBG dies, Trump nominates ACB
